Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Kaikoura TC 4 November 2013 – R 7

ID: JCA14159

Applicant:
Mr N Ydgren-Stipendiary Steward

Respondent(s):
Mr J Curtin-Open Horseman

Information Number:
A6103

Hearing Type:
Hearing

New Charge:
Breach of Rule 869(3)(b)-Careless driving

Rules:
869 (3) (b)

Plea:
admitted

Meet Title:
Kaikoura TC - 4 November 2013

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2013/11/04

Race Number:
R7

Decision:

The charge was found proved.

Penalty:

Mr Curtin was fined the sum of $300.

Facts:

Following the running of Race 7, the Calvglass Imports Limited FFA Trot, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Open Horseman, Mr J Curtin, alleging that Mr Curtin, as the driver of DR HOOK in the race, “drove carelessly when contacting the wheel of VULCAN (A Butt) passing the 300 metres when driving DR HOOK, this resulting in VULCAN breaking”.

Mr Curtin had informed the Stewards that he did not wish to be present at the hearing and had indicated on the information that he admitted the breach.

Rule 869 (3) (b) provides as follows:

(3) No horseman in any race shall drive:-

(b) carelessly;

Submissions for Decision:

Mr Ydgren used video replays of the relevant part of the race. He pointed out the field approaching the 300 metres where Mr Curtin was in last place following VULCAN driven by A Butt. Mr Ydgren pointed out DR HOOK strike the wheel of VULCAN firmly and as a result break. He also showed DR HOOK get its leg caught in the wheel of VULCAN dragging that horse, slowing its momentum and causing it to break as well. Mr Ydgren stated that as the incident occurred with 300m to run, both horses lost any chance.

Reasons for Decision:

As Mr Curtin admitted the breach the charge was found to be proved.

Submissions for Penalty:

Mr Ydgren told the Committee that Mr Curtin was a very busy driver and had a clear penalty record which dates back many years. He stated that Mr Curtin was very rarely before the Stewards for any matters. However, Mr Curtin’s carelessness, which he submitted was mid to high, has resulted in the chances of two horses being extinguished. Mr Ydgren submitted that a fine of $300 be considered as penalty.

Reasons for Penalty:

The Committee took, as a starting point for determining penalty, a fine of $400 as recommended by the Penalty Guide. Mr Curtin was entitled to a discount for his previous excellent good record and his ready admission of the breach. However, the Committee assessed the level of carelessness and consequences as mid to high. Taking into account all aggravating and mitigating factors, the Committee decided that a fine of $300 was an appropriate penalty in this case.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: a0ba04edc47e7b5ce3b03a33a3ae4542


informantnumber: A6103


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Rule 869(3)(b)-Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 06/11/2013


hearing_title: Kaikoura TC 4 November 2013 - R 7


charge:


facts:

Following the running of Race 7, the Calvglass Imports Limited FFA Trot, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Open Horseman, Mr J Curtin, alleging that Mr Curtin, as the driver of DR HOOK in the race, “drove carelessly when contacting the wheel of VULCAN (A Butt) passing the 300 metres when driving DR HOOK, this resulting in VULCAN breaking”.

Mr Curtin had informed the Stewards that he did not wish to be present at the hearing and had indicated on the information that he admitted the breach.

Rule 869 (3) (b) provides as follows:

(3) No horseman in any race shall drive:-

(b) carelessly;


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren used video replays of the relevant part of the race. He pointed out the field approaching the 300 metres where Mr Curtin was in last place following VULCAN driven by A Butt. Mr Ydgren pointed out DR HOOK strike the wheel of VULCAN firmly and as a result break. He also showed DR HOOK get its leg caught in the wheel of VULCAN dragging that horse, slowing its momentum and causing it to break as well. Mr Ydgren stated that as the incident occurred with 300m to run, both horses lost any chance.


reasonsfordecision:

As Mr Curtin admitted the breach the charge was found to be proved.


Decision:

The charge was found proved.


sumissionsforpenalty:

Mr Ydgren told the Committee that Mr Curtin was a very busy driver and had a clear penalty record which dates back many years. He stated that Mr Curtin was very rarely before the Stewards for any matters. However, Mr Curtin’s carelessness, which he submitted was mid to high, has resulted in the chances of two horses being extinguished. Mr Ydgren submitted that a fine of $300 be considered as penalty.


reasonsforpenalty:

The Committee took, as a starting point for determining penalty, a fine of $400 as recommended by the Penalty Guide. Mr Curtin was entitled to a discount for his previous excellent good record and his ready admission of the breach. However, the Committee assessed the level of carelessness and consequences as mid to high. Taking into account all aggravating and mitigating factors, the Committee decided that a fine of $300 was an appropriate penalty in this case.


penalty:

Mr Curtin was fined the sum of $300.


hearing_type: Hearing


Rules: 869 (3) (b)


Informant: Mr N Ydgren-Stipendiary Steward


JockeysandTrainer: Mr J Curtin-Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 7c441e45942c2bc321db8c7b59e96e93


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: dd85368431dc996e58e6f0cf6f4c4f61


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/11/2013


meet_title: Kaikoura TC - 4 November 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: kaikoura-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Kaikoura TC